David Cullinane (Waterford, Sinn Fein)
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1166. To ask the Minister for Health the powers of HIQA regarding private nursing homes; and if he will make a statement on the matter. [15445/20]

Mary Butler (Waterford, Fianna Fail)
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Since 2009 the Health Information and Quality Authority, HIQA, is the statutory independent regulator in place for the nursing home sector, whether a HSE managed or a private nursing home. The Authority, established under the Health Act 2007, has significant and wide-ranging powers up to and including withdrawing the registration of a nursing home facility, which means that it can no longer operate as a service provider.

This responsibility is underpinned by a comprehensive quality framework comprising of Registration Regulations, Care and Welfare Regulations and National Quality Standards.

HIQA makes judgments on whether the registered provider or person-in-charge is: compliant, substantially compliant or not compliant with the regulations associated with the findings.

- Compliant means the provider and or the person-in-charge is in full compliance with the relevant regulation.

- Substantially compliant means that the provider or person-in-charge has generally met the requirements of the regulation but some action is required to be fully compliant. This finding will have a low risk-rating.

- Not compliant means the provider or person-in-charge has failed to comply with a regulation and that considerable action is required to reach compliance.

Continued non-compliance or where the non-compliance poses a significant risk to the safety, health and welfare of residents will be given a high risk-rating. In such cases, HIQA will set a deadline for the provider to comply with the regulation.

Where the non-compliance does not pose a significant risk to the safety, health and welfare of residents using the service, it is risk-rated moderate and the provider must reach compliance within a reasonable time frame.

HIQA identifies that the regulatory actions taken where a registered provider is non-compliant are proportionate to the risks identified.

The non-statutory options the Chief Inspector employs include:

- Increased regulatory activity;

- Issuing compliance plans following inspections (setting out the non-compliances and requiring a provider to submit how they intend to comply;

- Seek assurance from the provider;

- Provider meetings (including both cautionary and warning);

- Warning letters.

The Statutory powers in the Act that can be employed include:

- Seeking information under section 65 of the Act;

- Attaching, vary and removing a condition of registration under Section 51 of the Act;

- Cancelling of registration under section 51 of the Act;

- Urgent action under section 59 of the Act (to attach, vary or remove a condition of registration or cancellation of registration);

- Prosecution for an offence under the Act.

The functions and powers of the Chief Inspector are set out in Parts 7, 8 and 9 of the Health Act 2007 (as amended). HIQA has prepared a Regulation Handbook which is a guide for providers and staff of designated centres. This is available on the Authority’s website.

David Cullinane (Waterford, Sinn Fein)
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1167. To ask the Minister for Health his plans regarding the case of a person (details supplied). [15446/20]

Mary Butler (Waterford, Fianna Fail)
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Since 2009 the Health Information and Quality Authority, HIQA, is the statutory independent regulator in place for the nursing home sector, whether a HSE managed or a private nursing home. The Authority, established under the Health Act 2007, has significant and wide-ranging powers up to and including withdrawing the registration of a nursing home facility, which means that it can no longer operate as a service provider.

This responsibility is underpinned by a comprehensive quality framework comprising of Registration Regulations, Care and Welfare Regulations and National Quality Standards.

HIQA in discharging its duties determines, through examination of all information available to it, including site inspections, whether a nursing homes meets the regulations in order to achieve and maintain its registration status. Should a nursing home be deemed to be non-compliant with the Regulations and the National Quality Standards, it may either fail to achieve or lose its registration status. In addition, the Chief Inspector has wide discretion in deciding whether to impose conditions of Registration on nursing homes.

During the response to COVID-19, Nursing homes continue to be regulated by HIQA, who under the Health Act 2007 have the legal authority to examine the operation of any facility under their remit.

In relation to this particular nursing home, I can confirm that my Department has received correspondence in relation to the matter raised by the Deputy and has forwarded on details to HIQA as the statutory regulator for nursing homes, and the HSE for appropriate action and follow up.